Los Angeles man appeals lawsuit against Nirvana’s ‘Nevermind’ album cover. Here’s what he argues

A man whose picture captured 30 years ago was used as the cover photo of Nirvana’s ‘Nevermind’ album has filed a notice of intent to appeal the decision of a judge who earlier dismissed his case against the music band.

The Los Angeles-based man had filed a case against Nirvana and alleged the band of child sexual exploitation. However, US District Judge Fernando Olguin, on September 2, dismissed the man’s case, citing that he filed the lawsuit too late.

While dismissing the plea, the federal judge complained to the Los Angeles Federal Court after the 10-year statutory limit expired.

Notably, the man was only four months old when his naked picture was used as a cover photo on Nirvana’s monumental album ‘Nevermind,’ which was released in 1991. In the contentious picture, the little boy can be seen with his penis in full view. The man is now 31 years old and is named Spencer Elden.

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Elden alleged that the now-defunct musical group, art directors, and several record companies ‘trafficked’ his naked image worldwide and made him suffer ‘lifelong damages.’ The lawsuit against Nirvana says that the album’s cover picture indicates a ‘sex worker grabbing for a dollar bill.’

After the federal judge dismissed Elden’s lawsuit against the group, his counsel filed a notice of appeal with the 9th Circuit Court of Appeals.

According to the lawyer, Elder will be continuously victimised till the cover of ‘Nevermind’ is distributed.

Elden had filed the case in August 2021 under a federal law that allows child pornography victims to recover damages. The lawsuit argued that the parents of Elden never authorised the use of his naked baby photo and have not received any compensation either.

On the other hand, the counsel for Nirvana, Bert H. Deixler, has not yet issued any comment on this matter.


1). In which year the album ‘Nevermind’ was released?

Nirvana’s ‘Nevermind’ was released in 1991.

2). Which music genre did Nirvana prefer?

Nirvana created music tracks under the grunge-rock music genre.

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